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RK State Government insights (VIC) February 2015

Attorney-General Martin Pakula has appointed leading lawyer Dr Ian Freckelton, QC, as Special Commissioner to the Victorian Law Reform Commission’s review into the use of medicinal cannabis (29 January 2015)

A free panel discussion about proposed new data retention laws will be held at the Law Institute of Victoria on 24 February 2015. The proposed Bill has been referred to the Parliamentary Joint Committee on Intelligence and Security which is expected to table its report on 27 February (29 January 2015)

New laws limiting the ability to make a claim on a will came into effect this month, prompting a call from the Law Institute of Victoria for people to ensure their wills are up to date and valid. The Justice Legislation Amendment (Succession and Surrogacy) Act 2014 effective after January 1 2015 limits the categories of people who are eligible to challenge a will (28 January 2015)

The Minister for Finance announces that Victorian WorkCover Authority will immediately return to the WorkSafe banner. Since it was launched in 2001, WorkSafe has made its mark through powerful advertising campaigns and the highly-visible presence of Inspectors who make over 40,000 workplace visits every year (23 January 2015)

An IBAC review has found nearly a quarter of public sector organisations surveyed are not meeting their legal obligations around protected disclosures, almost two years after new laws were introduced to protect whistleblowers (12 January 2015)

With the newly created Independent Broad-based Anti-corruption Commission (IBAC) in Victoria, it is easy to assume that the issue of public sector corruption is a problem for the public service and Governments, and not the private sector; and high profile corruption cases are extreme isolated instances (05 January 2015)

The Victorian Public Sector Commission and the Australian Institute of Company Directors (Company Directors) have worked together to successfully develop the Company Directors Course for the Victorian public sector.

While the 2013 – 2014 Report provides some positive results, Ms Tydd acknowledged that there is still work to be done to promote access to information and achieve the objects of the Act (15 January 2015)

Equal Opportunity Act 2010 sections 3, 8 and 44 – allegations of discrimination in the provision of services on the basis of race – use of names – making of comments – failure to remove a poster - exclusion from hotel premises – whether the respondent treated the applicant unfavourably because of his race or for another reason; dismissed.

ADMINISTRATIVE LAW - Judicial review - Decisions of the Director of Housing (Director) and Victorian Civil and Administrative Tribunal (VCAT) which would lead to plaintiffs’ eviction from public housing - First plaintiff alleged to have trafficked heroin from the premises - Decisions of Director to issue notices to vacate and apply for warrant of possession - VCAT grant of possession order and issue of warrant for possession - Stay granted on execution of warrant pending determination of proceeding - Plaintiffs seeking certiorari to quash decisions of Director - Threshold issue of whether decisions of Director amenable to certiorari - Consideration of continuing legal effect of decisions of Director - Whether Director failed to observe any requirement of natural justice in making decisions – Consideration of requirements of Director's own policy manual - Whether Director failed to take into account relevant considerations - Whether decisions of Director unlawful under s 38 of the Charter of Human Rights and Responsibilities Act 2006 (Vic) - Both decisions of Director invalidly made but only decision to apply for warrant amenable to certiorari - Consideration of what relief should be granted.

"The material contained in this publication is no more than general comment. Readers should not act on the basis of the material without taking professional advice relating to their particular circumstances”